Judgment reversed, with costs, and judgment directed in favor of plaintiff, with costs. The seventh finding of fact and the first conclusion of law are reversed. The first, second, third, fourth, fifth, sixth, seventh, eighth and ninth findings of fact, and the first, second, third and fourth conclusions of law as submitted to the learned trial court by the plaintiff are found. Blackmar, P. J., Rich, Kelly, Jaycox and Manning, JJ., concur. Settle order on notice.